Synopsis

The district court's dismissal of Gilmore v. Gonzales (previously Gilmore v. Ashcroft) was appealed to the 9th Circuit Federal Court of Appeals.  A number of Amicus ("friend of the court") briefs were filed in support of Gilmore's appeal.

Prior to filing an opposition to Gilmore's appeal, the Department of Justice (the attorneys for the Defendants / Appellees) made a motion to the court of appeals for permission to file with the court of appeals documents (the law?) and pleadings (their arguments) under seal (not publicly accessible) for "in camera" (by the judge) and "ex parte" (without Gilmore or his attorneys seeing it) review.  DOJ made a second motion to suspend the briefing schedule while the court decided its first motion.  Both motions were denied.

DOJ then asked the court of appeals to reconsider and allow DOJ to file documents and arguments under seal for in camera ex parte review.  Gilmore, supported by Amicus briefs from a number of news organizations, opposed DOJ's motion.

Oral arguments were heard on the 8th of December 2005 by the United States Court of Appeals for the Ninth Circuit.  After arguments, the Court ordered DOJ to provide them with the Secret Law for in camera, ex parte review.  The 9th Circuit later rejected Gilmore's appeal.

Mr. Gilmore then filed a petition for cert to the Supreme Court.  A number of Amicus ("friend of the court") briefs were filed in support of Gilmore's petition.  An answer from the Court is expected in early January of 2007.

John Gilmore:  Plaintiff / Appellant
Alberto Gonzales (previously John Ashcroft) and others:  Defendants / Appellees

The following are all documents filed with the 9th Circuit Court of Appeals concerning the appeal of Gilmore v. Gonzales:

Supreme Court Documents

Gilmore files a Writ of Certiorari asking the Supreme Court to hear his "secret law" case.
Petition for a Writ of Certiorari
06 August 2006  (248 KB pdf)
Petition With Appendix
06 August 2006  (412 KB pdf)

RCFP ASNE amicus brief in support
13 November 2006  (240 KB pdf)
EFF amicus brief in support
13 November 2006  (433 KB pdf)
EPIC amicus brief in support
13 November 2006  (321 KB pdf)

Government's opposition brief
13 November 2006  (352 KB pdf)

Gilmore's Reply Brief
29 November 2006  (328 KB pdf)

Previous Documents...

Judge Illston's order dismissing Gilmore's case from the U.S. District Court.
Order Granting Motion to Dismiss and Denying Request for Judicial Notice
23 March 2004  (860 KB pdf)

The district court's dismissal of Gilmore v. Ashcroft was appealed to the 9th Circuit Federal Court of Appeals.
Appellant John Gilmore's Opening Brief
16 August 2004  (532 KB pdf)

Appellant John Gilmore's Excerpt of Record
16 August 2004  (4.4 MB pdf)

Several Amicus ("friend of the court") briefs were filed in support of Gilmore's appeal.

The amicus brief by the ACLU addresses the disputed issue concerning jurisdiction.  The district court had dismissed Gilmore's case partly by reasoning that the appellate court would be a more proper court to hear Gilmore's case—the ACLU disagrees with the district court.
Amicus Brief from the American Civil Liberties Union
23 August 2004  (1 MB pdf)

The amicus brief by the Center for Constitutional Rights and Privacy Activism addresses the fundamental right to travel freely within the United States and documents the many modes of domestic transportation other than air travel require the passenger to show identification.
Amicus Brief from The Center for Constitutional Rights and Privacy Activism
11 August 2004  (836 KB pdf)

The amicus brief filed by the Electronic Frontier Foundation addresses the Fourth Amendment right to be free from an unreasonable search without a warrant and its application to database searches using information provided by passengers as a condition of transport by domestic air carrier.
Amicus Brief from the Electronic Frontier Foundation
19 August 2004  (2.1 MB pdf)

The amicus filed by the Electronic Privacy Information Center addresses the secret law issues raised by the TSA's refusal to make public the law requiring air passengers to show identification.
Amicus Brief from the Electronic Privacy Information Center
9 August 2004  (188 KB pdf)

Prior to filing an opposition to Gilmore's appeal,  the Department of Justice ("DOJ"—attorneys for Defendants / Appellees) made a motion to the court of appeals for permission to file with the court of appeals documents (the law?) and pleadings (their arguments) under seal (not publicly accessible) for "in camera" (by the judge) and "ex parte" (without Gilmore or his attorneys seeing it) review.  DOJ made a second motion to suspend the briefing schedule while the court decided its first motion.  Both motions were denied.  DOJ receives a two week extension to file their brief in opposition to Gilmore's appeal.

DOJ Motion to File Opposing Brief Under Seal
2 September 2004  (728 KB pdf)

Gilmore's Opposition to DOJ Motion to File Materials Under Seal
7 September 2004  (108 KB pdf)

DOJ Motion to Suspend Briefing Schedule
8 September 2004  (116 KB pdf)

Gilmore's Opposition to DOJ Motion to Suspend Schedule
10 September 2004  (80 KB pdf)

DOJ's Reply to Gilmore's Opposition
10 September 2004  (332 KB pdf)

9th Circuit Denial of Both DOJ Motions
10 September 2004  (132 KB pdf)

DOJ then asked the court of appeals to reconsider and allow DOJ to file documents and arguments under seal for in camera ex parte review.  DOJ states that it will not include in its upcoming opposition brief to Gilmore's Appeal that which it would if it were allowed to file under seal.  This motion for reconsideration has yet to be ruled upon.
DOJ Motion to Reconsider
20 September 2004  (124 KB pdf)

Defendants / Appellees filed their opposition to Gilmore's Appeal.
Defendant John Ashcroft, et al Opposition Brief
29 September 2004  (292 KB pdf)

Gilmore files an opposition to DOJ's motion for the court to reconsider their denial of leave to file documents under seal for in camera ex parte review.
Opposition to Defendant's Motion to Reconsider
1 October 2004  (116 KB pdf)

The Los Angeles Times, Associated Press, McClatchy Newspapers, Copley Press, California Newspapers Publishers Association, and the Reporters Committee for Freedom of the Press file an amicus brief in support of Gilmore's opposition to DOJ's motion to file documents and pleadings under seal. Addressed is the issue the freedom of the press to access to court proceedings and court documents.
Brief of Media Amici Curiae in Support of Gilmore's Opposition to DOJ Motion
1 October 2004  (1 MB pdf)

Gilmore files a reply brief, the final response to the DOJ's response to the original complaint.
Appellant John Gilmore's Reply Brief
1 November 2004  (300 KB pdf)

On December 8, Gilmore argues his case before the judges of the Ninth Circuit of the U.S. Court of Appeals.
Court transcript of December 8, 2005
8 December 2005  (48 KB text file)

You can listen to audio recordings of court proceedings. See case number 04-15736.

The court issues an order: the government shall file under seal the relevant material pertaining to the ID requirement at issue in this case.
Court Order of December 8, 2005
12 December 2005  (32 KB pdf)

The government turns over the material pertaining to the ID requirement to the court and argues that it be kept secret.
Letter of December 14, 2005
14 December 2005  (132 KB pdf)

Gilmore files a letter to the clerk of the court asking to see the filed material.
Letter of December 16, 2005
16 December 2005  (84 KB pdf)

The court issues an amended order: the government shall file under seal the relevant material for the Court's viewing only.
Amended Court Order of December 20, 2005
20 December 2005  (32 KB pdf)

Decision, Opinion by Circuit Judge Paez
26 January 2006  (168 KB pdf)

Petition For Panel Rehearing Or, Alternatively, Rehearing En Banc
10 March 2006  (1.2 MB pdf)

Denial of Petition For Panel Rehearing
05 April 2006  (28 KB pdf)